Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Absence of conditions to ensure freedom from discrimination in employment and occupation. The Committee recalls its previous comments concerning the insecurity and violence prevailing in Darfur and the impact on the application of the Convention to all parts of the population. The Committee notes the Government’s reply that in May 2006, it concluded the Darfur Peace Agreement (DPA) with the largest rebel groups, and that even though difficulties continue to be encountered with these groups, the Convention is being implemented through the appointment of an Assistant to the President from the largest group that signed the DPA and by promulgation of a number of republican decrees giving effect to the Convention. While noting the explanations of the Government, the Committee is nevertheless disturbed by the report of the High‑level Mission on the situation of human rights in Darfur pursuant to Human Rights Council decision S-4/101 (A/HRC/4/80, 9 March 2007) indicating that the killings of and attacks on civilians, rape and sexual violence remain widespread, even after the signing of the DPA. It notes that the High-level Mission also condemns the ongoing repression of political dissent as well as the arbitrary arrests and detention of individuals, including lawyers, community leaders, teachers and business people, predominantly from the Fur, Masaalit and Zaghawa tribes. The Committee is deeply concerned that the harassment and arrest of individuals with opposing political views or who are members of these tribes result in excluding them from exercising their occupations on the basis of their political opinions and ethnic origin, in violation of the Convention. The Committee also remains deeply concerned over the absence of conditions in the Darfur region under which all parts of the population, irrespective of race, colour, national extraction, sex, religion, social origin and political opinion, can exercise their occupations free from discrimination. In the absence of further details on how the abovementioned and other measures taken or envisaged to give effect to the Convention are being implemented, the Committee cannot but deplore the absence of effective protection of the population of Darfur against discrimination in employment and occupation. The Committee further notes that one of the recommendations of the UN High-level Mission to the Government is “to move towards putting in place fair and equitable policies and programmes to reverse decades of long-standing discrimination and economic, political and cultural marginalization of the people of Darfur”. The Committee, therefore, asks the Government to take urgent measures to ensure that all men and women from Darfur can exercise their occupations free from discrimination, and to provide full information on the following points:

(a)   the manner in which measures such as the appointment of an Assistant to the President from the main group who signed the DPA and the promulgation of presidential decrees are promoting the principles of the Convention. Please also provide copies of these presidential decrees;

(b)   the measures taken to ensure that no individuals or members from certain ethnic groups, including the Fur, Masaalit and Zaghawa tribes, are excluded from exercising their occupations due to their political opinions or ethnic origin;

(c)   the policies and programmes put in place to reverse the ongoing discrimination of the people of Darfur and to promote their equal access to employment and occupation.

2. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes the adoption in 2005 of the Interim Constitution of the Republic of the Sudan, article 31 of which provides equal protection of the law to all persons without discrimination as to race, colour, sex, language, religious creed, political opinion or ethnic origin, omitting social origin. While welcoming that the Interim Constitution has extended the prohibited grounds of discrimination, the Committee recalls that there is no legal provision, even in the 1997 Labour Code, specifically prohibiting discrimination in employment, occupation and training on the grounds set out in the Convention. Recalling the importance of defining and prohibiting direct and indirect discrimination in employment and occupation in law on all the grounds contained in Article (1)(1)(a) of the Convention, the Committee asks the Government to indicate whether it has any intention of supplementing the provisions of the Interim Constitution of 2005 and amending the 1997 Labour Code to include such a provision. The Government is also requested to indicate in future reports whether any complaints concerning discrimination have been made to the courts on the basis of article 31 of the 2005 Interim Constitution, and if so the nature and outcome of these complaints. The Government is also requested to provide information regarding how it is providing protection against discrimination on the basis of social origin.

3. Articles 2 and 3. Formulation and implementation of a national policy on equality and measures to correct inequalities that may exist in practice. The Committee recalls its previous request to the Government to take the necessary measures pursuant to Article 3(a), (b), (c) and (d) of the Convention. It notes the information provided by the Government concerning the functions of the Federal Committee of Manpower, the strategy of the Ministry of Education and of the High Council for Vocational Training. The Committee regrets, however, that this information remains very general and does not specify the particular measures and programmes implemented to promote equality and to correct de facto inequalities that may exist in training, employment and conditions of work. The Committee, therefore, urges the Government to provide full particulars in its next report on the specific measures taken by the Federal Committee of Manpower, the Ministry of Education and the High Council of Vocational Training not only to ensure and promote the principle of equality of opportunity and treatment, but also to ensure that no inequalities exist nor discrimination practised on any of the grounds set out in the Convention.

4. Equality of opportunity and treatment between men and women. The Committee recalls its concern over the Public Order Act of 1996, which provides for the flagellation or lashing of women for wearing allegedly indecent dress or for being out in the street after dusk. The Act violates women’s human rights and seriously restricts their freedom of movement, and has thus a negative impact on their free choice of employment and occupation. In the absence of any information in the Government’s report, the Committee reiterates its previous request for a copy of the Public Order Act of 1996 so that it can be assured that the Act does not contain any provision that violates the principle of equality between men and women in employment and occupation.

5. Article 3(c). Equality of access to training and jobs. The Committee notes the Government’s statement that work was suspended with respect to the Passports and Immigration Act, 1970, which requires the approval of the husband or guardian in order for a woman to travel abroad. The Committee would be grateful if the Government could provide more specific information in its next report as to whether a woman must still obtain the approval of her husband or guardian in order to travel abroad for professional or educational reasons.

The Committee is raising other points in a request addressed directly to the Government.